Government to Increase Maternity Leave in Private Sector from 12 to 26 Weeks
The union government is set to increase the maternity leave for women employed in private firms from the existing 12 weeks to 26 weeks. Women and Child Development Minister Maneka Gandhi said on Monday that the Ministry of Labour has agreed to increase maternity leave to six-and-a-half months. “We had written to the Labour Ministry asking that the maternity leave be extended, taking into account the six months of breastfeeding that is required post-childbirth. The Labour Ministry has agreed to increase it to six-and-a-half months,” said Maneka.
The Ministry of Labour is expected to amend the Maternity Benefit Act, 1961, which presently entitles women to 12 weeks of maternity benefit, whereby employers are liable to pay full wages for the period of leave. Officials of the WCD Ministry said they will push for extending the leave to eight months, or 32 weeks, for women employed in both private and government sectors. However, WCD officials mentioned that the Labour Ministry has expressed reservations about increasing the maternity leave any further, as they perceive that doing so will adversely affect the employability of women.
Government Proposes Increasing Maternity Leave to Eight Months
“The Labour Ministry has decided on six-and-a-half months following meetings with various stakeholders. We, however, feel that eight months of maternity leave—for women in government as well as private sectors—is required. We will move a note to the Cabinet Secretariat in this regard. Six months of exclusive breastfeeding is very important to combat malnutrition, diarrhoea, and other diseases in infants and to lower the infant mortality rate,” said a WCD official.
The International Labour Organisation recommends a minimum standard maternity leave of 14 weeks or more, though it encourages member states to increase it to at least 18 weeks. At 26 weeks, India is set to join the league of 42 countries where maternity leave exceeds 18 weeks. It, however, falls behind several East European, Central Asian, and Scandinavian countries, which have the most generous national legislation for paid maternity leave.
Women employed in government jobs in India get a six-month maternity leave as per the Central Civil Service (Leave) Rules 1972. The last circular in this regard was issued in 2008, when it was increased from four-and-a-half months. If the WCD Ministry’s recommendations to the Cabinet Secretariat are accepted, the Department of Personnel & Training will have to issue orders to enhance it to eight months.
Moreover, women government employees are allowed to take childcare leave of up to two years in phases at any point until their child turns 18 years old. The Seventh Pay Commission recently recommended that only the first 365 days of leave should be granted with full pay, while the remaining 365 can be availed at 80 percent of the salary. But Maneka recently petitioned Finance Minister Arun Jaitley against the proposal, terming it a regressive step at a time when women are trying to become more economically independent.
“Women in India need longer maternity leave in the absence of any support in parenting from men. It should not be seen as a deduction in labour hours but as a long-term investment from the future economic point of view. This is in addition to the fact that women need long maternity leave to recuperate and invest in childcare,” said Ranjana Kumari, director of the Centre for Social Research.
She added that a recent analysis of the Maternity Benefit Act by CSR for the National Commission of Women showed that discrimination against pregnant women was widely prevalent in the corporate sector in the country.
- See more at: Govt to increase maternity leave in private sector from 12 to 26 weeks | The Indian Express
With Thanks and Best Regards,
Nanjegowda
[Phone Number Removed For Privacy Reasons]
“Dream in my eyes, passion in my heart, and drive in my soul, here I am an achiever!”
From India, Bangalore
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106The union government is set to increase the maternity leave for women employed in private firms from the existing 12 weeks to 26 weeks. Women and Child Development Minister Maneka Gandhi said on Monday that the Ministry of Labour has agreed to increase maternity leave to six-and-a-half months. “We had written to the Labour Ministry asking that the maternity leave be extended, taking into account the six months of breastfeeding that is required post-childbirth. The Labour Ministry has agreed to increase it to six-and-a-half months,” said Maneka.
The Ministry of Labour is expected to amend the Maternity Benefit Act, 1961, which presently entitles women to 12 weeks of maternity benefit, whereby employers are liable to pay full wages for the period of leave. Officials of the WCD Ministry said they will push for extending the leave to eight months, or 32 weeks, for women employed in both private and government sectors. However, WCD officials mentioned that the Labour Ministry has expressed reservations about increasing the maternity leave any further, as they perceive that doing so will adversely affect the employability of women.
Government Proposes Increasing Maternity Leave to Eight Months
“The Labour Ministry has decided on six-and-a-half months following meetings with various stakeholders. We, however, feel that eight months of maternity leave—for women in government as well as private sectors—is required. We will move a note to the Cabinet Secretariat in this regard. Six months of exclusive breastfeeding is very important to combat malnutrition, diarrhoea, and other diseases in infants and to lower the infant mortality rate,” said a WCD official.
The International Labour Organisation recommends a minimum standard maternity leave of 14 weeks or more, though it encourages member states to increase it to at least 18 weeks. At 26 weeks, India is set to join the league of 42 countries where maternity leave exceeds 18 weeks. It, however, falls behind several East European, Central Asian, and Scandinavian countries, which have the most generous national legislation for paid maternity leave.
Women employed in government jobs in India get a six-month maternity leave as per the Central Civil Service (Leave) Rules 1972. The last circular in this regard was issued in 2008, when it was increased from four-and-a-half months. If the WCD Ministry’s recommendations to the Cabinet Secretariat are accepted, the Department of Personnel & Training will have to issue orders to enhance it to eight months.
Moreover, women government employees are allowed to take childcare leave of up to two years in phases at any point until their child turns 18 years old. The Seventh Pay Commission recently recommended that only the first 365 days of leave should be granted with full pay, while the remaining 365 can be availed at 80 percent of the salary. But Maneka recently petitioned Finance Minister Arun Jaitley against the proposal, terming it a regressive step at a time when women are trying to become more economically independent.
“Women in India need longer maternity leave in the absence of any support in parenting from men. It should not be seen as a deduction in labour hours but as a long-term investment from the future economic point of view. This is in addition to the fact that women need long maternity leave to recuperate and invest in childcare,” said Ranjana Kumari, director of the Centre for Social Research.
She added that a recent analysis of the Maternity Benefit Act by CSR for the National Commission of Women showed that discrimination against pregnant women was widely prevalent in the corporate sector in the country.
- See more at: Govt to increase maternity leave in private sector from 12 to 26 weeks | The Indian Express
With Thanks and Best Regards,
Nanjegowda
[Phone Number Removed For Privacy Reasons]
“Dream in my eyes, passion in my heart, and drive in my soul, here I am an achiever!”
From India, Bangalore
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It's a good move, but the benefit should be limited to two children only to curb the increase in population. It's easy for me to state that as a retired person living abroad.
I wonder what others in India think!!
From United Kingdom
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I wonder what others in India think!!
From United Kingdom
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Concerns About Extended Maternity Leave in the Private Sector
The move to extend maternity leave is good and appreciable, but I am concerned that companies might stop recruiting women. When maternity leave was 12 weeks, women often took an additional three months, citing the need for childcare. Upon returning, they might remain unproductive for a significant period. I anticipate that women members might respond emotionally and strongly, but based on my 25 years of experience in HR, if maternity leave is increased from 3 months to six months, women might be unavailable for at least 12 months continuously. In the private sector, employers may not be able to hire temporary replacements for 6 or 12 months, unlike in government jobs where temporary employment is more feasible. This could leave positions vacant, causing others in the department to take on extra work to cover for the absent employee on maternity leave.
Impact of Child Care Leave and Gratuity Policies
If the Pay Commission's recommendation to enforce two years of child care leave in private companies is implemented, it might be fully utilized immediately after maternity leave. Additionally, if the Payment of Gratuity Act is amended to require only 3 years of service for eligibility, employees could easily resign, collect gratuity, and leave. These scenarios are possible in India because we know how to leverage laws and understand our rights. We could even exploit our company's Policy Against Sexual Harassment at the Workplace, despite the principle of equal rights for men and women.
Critique of Ms. Ranjana Kumari's Statement
I find no merit in Ms. Ranjana Kumari's statement that women in India need longer maternity leave due to a lack of parental support from men. While this may be true in some villages and unorganized sectors, educated and employed couples generally have a clear understanding.
Enforcing Existing Laws Over New Amendments
It's positive that the Commission recognizes discrimination against pregnant women. However, the solution is to enforce existing laws rather than equating them with government departments, where replacements from Employment Exchanges are readily available, and any public loss is absorbed.
I regret to say that while amendments to labor laws can garner political support, they should be practical and not impose a significant burden on employers.
Regards,
Madhu.T.K
From India, Kannur
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The move to extend maternity leave is good and appreciable, but I am concerned that companies might stop recruiting women. When maternity leave was 12 weeks, women often took an additional three months, citing the need for childcare. Upon returning, they might remain unproductive for a significant period. I anticipate that women members might respond emotionally and strongly, but based on my 25 years of experience in HR, if maternity leave is increased from 3 months to six months, women might be unavailable for at least 12 months continuously. In the private sector, employers may not be able to hire temporary replacements for 6 or 12 months, unlike in government jobs where temporary employment is more feasible. This could leave positions vacant, causing others in the department to take on extra work to cover for the absent employee on maternity leave.
Impact of Child Care Leave and Gratuity Policies
If the Pay Commission's recommendation to enforce two years of child care leave in private companies is implemented, it might be fully utilized immediately after maternity leave. Additionally, if the Payment of Gratuity Act is amended to require only 3 years of service for eligibility, employees could easily resign, collect gratuity, and leave. These scenarios are possible in India because we know how to leverage laws and understand our rights. We could even exploit our company's Policy Against Sexual Harassment at the Workplace, despite the principle of equal rights for men and women.
Critique of Ms. Ranjana Kumari's Statement
I find no merit in Ms. Ranjana Kumari's statement that women in India need longer maternity leave due to a lack of parental support from men. While this may be true in some villages and unorganized sectors, educated and employed couples generally have a clear understanding.
Enforcing Existing Laws Over New Amendments
It's positive that the Commission recognizes discrimination against pregnant women. However, the solution is to enforce existing laws rather than equating them with government departments, where replacements from Employment Exchanges are readily available, and any public loss is absorbed.
I regret to say that while amendments to labor laws can garner political support, they should be practical and not impose a significant burden on employers.
Regards,
Madhu.T.K
From India, Kannur
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Maternity Benefits in the Private Sector
To provide maternity benefits to working mothers in the private sector is a policy matter, and I think the Government is right in enhancing the period of entitlement for such maternity benefits. Some large companies in the private sector also appear to be ready in this regard. I am providing the online link to an article that appeared in the Economic Times on 01/01/2016: http://economictimes.indiatimes.com/...w/50387124.cms.
In the article, it is mentioned that some companies in the private sector are already providing such enhanced maternity leave to their female employees.
Regards
From India, Noida
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To provide maternity benefits to working mothers in the private sector is a policy matter, and I think the Government is right in enhancing the period of entitlement for such maternity benefits. Some large companies in the private sector also appear to be ready in this regard. I am providing the online link to an article that appeared in the Economic Times on 01/01/2016: http://economictimes.indiatimes.com/...w/50387124.cms.
In the article, it is mentioned that some companies in the private sector are already providing such enhanced maternity leave to their female employees.
Regards
From India, Noida
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Sir , Pls let us know when it will be implemented Regards Neha
From India, Bengaluru
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From India, Bengaluru
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This is an excellent gesture. Women working in the private sector are no different from those working in government; this is justice. When will the bill be passed, and when will it be applicable? Will it apply to women who are already on maternity leave?
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This is actually a wonderful measure. However, I would like to draw attention to the numerous private organizations where all these benefits exist only on paper. Female employees can't avail these facilities in practice, neither the standard 12 weeks of maternity leave nor the upgraded one. Being a female, I really wonder if this situation could be taken care of....
From India, Chennai
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From India, Chennai
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Dear All, It’s only recommendations but still its not approved from Cabinet..Hopefully this session may get approval. Hope for the best. With regards, Nanjegowda
From India, Bangalore
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From India, Bangalore
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Sir, the online link to the proposals in the Maternity Benefit Act, 1961 as published in the Economic Times is mentioned below for the kind information of members of this forum:
[Women may get maternity leave for 26 weeks; Bandaru Dattatreya may table bill today - The Economic Times](http://economictimes.indiatimes.com/jobs/women-may-get-maternity-leave-for-26-weeks-bandaru-dattatreya-may-table-bill-today/articleshow/53607187.cms)
From India, Noida
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[Women may get maternity leave for 26 weeks; Bandaru Dattatreya may table bill today - The Economic Times](http://economictimes.indiatimes.com/jobs/women-may-get-maternity-leave-for-26-weeks-bandaru-dattatreya-may-table-bill-today/articleshow/53607187.cms)
From India, Noida
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Maternity Leave Policy - posting.doc
Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf